2007 ORS § 118.160¹
When tax return is required
  • lists of property transfers and other data

(1) Except as provided in subsection (2) of this section:

(a) An inheritance tax return is not required with respect to the estates of decedents dying on or after January 1, 1987, and before January 1, 2003, unless a federal estate tax return is required to be filed; and

(b) An inheritance tax return is not required with respect to the estates of decedents dying on or after:

(A) January 1, 2003, and before January 1, 2004, unless the value of the gross estate is $700,000 or more;

(B) January 1, 2004, and before January 1, 2005, unless the value of the gross estate is $850,000 or more;

(C) January 1, 2005, and before January 1, 2006, unless the value of the gross estate is $950,000 or more; or

(D) January 1, 2006, unless the value of the gross estate is $1 million or more.

(2) In every estate, whether or not subject to administration and whether or not a federal estate tax return is required to be filed, the executor shall at such times and in such manner as required by rules of the Department of Revenue, file with the department a return in a form provided by the department setting forth a list and description of all transfers of property, in trust or otherwise, made by the decedent in the lifetime of the decedent as a division or distribution of the estate of the decedent made within the three-year period ending on the date of death or intended to take effect at or after death and any further data that the department requires to determine inheritance tax under this chapter. [Formerly 118.660; 1971 c.567 §5; 1977 c.666 §12; 1985 c.565 §10a; 1987 c.646 §5; 2003 c.806 §7]

Note: Sections 9 and 10, chapter 806, Oregon Laws 2003, provide:

Sec. 9. (1) In the case of a decedent who dies on or after January 1, 2002, and before January 1, 2004, the Department of Revenue may extend the time for the filing of a return and for the payment of any tax due under ORS 118.005 (Definitions for ORS 118.005 to 118.840) to 118.840 (Final accounting or discharge of executor or administrator) for a reasonable period not to exceed four years from the date otherwise fixed for the filing of a return and the payment of the tax due.

(2) The department may prescribe rules and forms for granting an extension under this section. [2003 c.806 §9]

Sec. 10. Notwithstanding any other provision of ORS 118.005 (Definitions for ORS 118.005 to 118.840) to 118.840 (Final accounting or discharge of executor or administrator), in the case of decedents dying on or after January 1, 2002, and before January 1, 2003:

(1) A return under ORS 118.005 (Definitions for ORS 118.005 to 118.840) to 118.840 (Final accounting or discharge of executor or administrator) is not required and no tax is due under ORS 118.005 (Definitions for ORS 118.005 to 118.840) to 118.840 (Final accounting or discharge of executor or administrator) if the taxable estate of the decedent is less than $1 million; and

(2) If a return is required under subsection (1) of this section, the tax due under ORS 118.005 (Definitions for ORS 118.005 to 118.840) to 118.840 (Final accounting or discharge of executor or administrator) shall be determined under the Internal Revenue Code as amended and in effect on December 31, 2000, using a unified credit that does not exceed $192,800. [2003 c.806 §10]